South Carolina General Assembly
108th Session, 1989-1990
Journal of the House of Representatives

MONDAY, MARCH 12, 1990

Monday, March 12, 1990
(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The House assembled at 2:00 P.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

There are times, O Lord, when we feel the need of a double measure of Your help. Such a portion we seek this day and throughout this week. Responsibilities and decisions weigh heavily upon our shoulders. Give us visions to see and wills to do that which is of greatest value to Your people. As we deliberate and debate, may we do so with sincerity and understanding. Help us to do our part well, to think clearly, to speak kindly, to act wisely as we walk in the light of Your impeccable truths - that we may hear at eventide "well done" from the Master of all good workmen. In all things, may Your will be done.

Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

FLOWERS AUTHORIZED

Rep. KLAPMAN moved that flowers be sent to Ronald "Ben" Benjamin, employee of the House, which was agreed to.

MOTION ADOPTED

Rep. WINSTEAD moved that when the House adjourns it adjourn in memory of Mrs. Alberta Williams, who was a friend of members of the Legislature through her association with the Town House Hotel and Market Restaurant, which was agreed to.

INVITATION

The following was received and referred to the Committee on Invitations and Memorial Resolutions.

The South Carolina Commission on Women extends an invitation to members of the S.C. House of Representatives to attend the annual Women's History Month Awards luncheon to be held on Wednesday, March 28, 1990 at the Embassy Suites Hotel, 200 Stoneridge Drive, Columbia, 1:00 P.M. - 3:00 P.M. This luncheon will recognize the contributions of four South Carolina Women of Achievement. We hope that members of the House will support the achievements of these South Carolina women by attending this luncheon in their honor.

All members should respond to Susan Davis or Leigh Stanton, S.C. Commission on Women, at 734-9143 before March 21, 1990. Thank you for publishing this invitation.

Sincerely,
Carolyn Matalene, Chair
S.C. Commission on Women

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 1207
Promulgated By Budget and Control Board
Manufactured Housing Board
Received by Speaker March 9, 1990
Referred to House Committee on Labor, Commerce and Industry
120 day expiration date July 7, 1990

S. 233--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., March 7, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 233:S. 233 -- Senators Leventis and Leatherman: A BILL TO AMEND TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND OTHER LIENS, BY ADDING CHAPTER 6 SO AS TO PROVIDE FOR TIMELY PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS AND TO PROVIDE FOR INTEREST ON LATE PAYMENTS.
and asks for a Committee of Conference and has appointed Senators Leventis, Leatherman and Setzler of the Committee of Conference on the part of the Senate.

Very respectfully,
President

No. 010

Whereupon, the Chair appointed Reps. M.D. BURRISS, SHORT and J. WILLIAMS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 8, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 792:S. 792 -- Senator Martin: A BILL TO AMEND SECTION 16-15-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DISSEMINATING MATERIAL HARMFUL TO MINORS, SO AS TO PROVIDE THAT A PERSON DOES NOT COMMIT THIS OFFENSE WHEN HE EMPLOYS A MINOR TO WORK IN A THEATER IF THE MINOR'S PARENT OR GUARDIAN CONSENTS TO THE EMPLOYMENT AND IF THE MINOR IS NOT ALLOWED TO WORK IN THE VIEWING AREA WHEN MATERIAL HARMFUL TO MINORS IS SHOWN, AND TO EXPAND THE DEFINITION OF "LIBRARY" IN THE AFFIRMATIVE DEFENSES TO THE OFFENSE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

REPORTS OF STANDING COMMITTEE

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4554 -- Charleston Delegation: A CONCURRENT RESOLUTION URGING THAT THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION CONSTRUCT A RAMP LEADING FROM THE PEARMAN BRIDGE AS AN OVERPASS TO PROVIDE COMMERCIAL MOTOR VEHICLE TRAFFIC ACCESS TO HIGHWAY 17 SOUTH AND INTERSTATE 26 AND URGING THE DEPARTMENT TO ELIMINATE COMMERCIAL MOTOR VEHICLE TRAFFIC THROUGH RESIDENTIAL NEIGHBORHOODS IMMEDIATELY AND PROVIDE AN ALTERNATE COMMERCIAL MOTOR VEHICLE ROUTE THROUGH THE PERIMETER OF THE RESIDENTIAL NEIGHBORHOODS.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4659 -- Rep. Farr: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO RESTORE THE CUT OF FIVE MILLION DOLLARS PROPOSED BY THE UNITED STATES ARMY FOR THE ARMY JUNIOR RESERVE OFFICER TRAINING CORPS (JROTC) PROGRAM IN THE CURRENT ARMY BUDGET SUBMISSION AND TO REJECT THE ARMY'S PROPOSED ELIMINATION OF ALL JROTC UNITS AND CADETS IN THE FOLLOWING FISCAL YEAR.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4681 -- Reps. Limehouse, Kohn, G. Bailey and Wofford: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THAT PORTION OF THE SAW MILL BRANCH ROAD PROJECT IN DORCHESTER COUNTY, UPON ITS COMPLETION, AS THE "BERLIN G. MYERS PARKWAY".

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4750 -- Reps. Sharpe, Rudnick, Huff and Smith: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO DESIGNATE AND NAME IN AIKEN COUNTY THAT PORTION OF SOUTH CAROLINA HIGHWAY 302 BETWEEN WAGENER AND THE LEXINGTON COUNTY LINE AS THE OTIS BAUGHMAN, SR., MEMORIAL HIGHWAY.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 842 -- Senators Lourie, Patterson, Courson and Giese: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME A PORTION OF AIR BASE ROAD IN RICHLAND COUNTY AS "ROBERT H. MORRELL ROAD".

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 1381 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO CONGRATULATE THE SUMTER HIGH SCHOOL CONCERT BAND UPON BEING AWARDED THE "SUDLER FLAG OF HONOR" BY THE JOHN PHILIP SOUSA FOUNDATION, TO COMMEND THE BAND MEMBERS AND ITS DIRECTOR FOR BEING ONE OF ONLY THREE BANDS SELECTED FOR THE HONOR FROM THE ENTIRE COUNTRY, AND TO RECOGNIZE THE DEDICATION, HARD WORK, AND TALENT OF THIS FINE GROUP OF STUDENT MUSICIANS ALONG WITH THEIR DIRECTOR, MR. JOHN CULVAHOUSE, AND PARENTS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 4809 -- Rep. Rhoad: A BILL TO REPEAL ACT 277 OF 1977 RELATING TO THE BAMBERG COUNTY TAX COLLECTOR BEING UNDER THE JURISDICTION OF THE COUNTY TREASURER.

On motion of Rep. RHOAD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4810 -- Rep. Gentry: A BILL TO AMEND SECTION 42-1-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION BENEFITS FOR COUNTY PRISONERS, SO AS TO DELETE THE LIMITATION OF COVERAGE TO PRISONERS SERVING SENTENCES OF NINETY DAYS OR LONGER.

Referred to Committee on Labor, Commerce and Industry.

S. 936 -- Senators Bryan, Hayes, Peeler and Fielding: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF THE CAPACITY OF A PERSON CHARGED WITH A CRIME TO STAND TRIAL, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES TO BE FOLLOWED IN MAKING THIS DETERMINATION.

Referred to Committee on Judiciary.

S. 1095 -- Senators Shealy, Setzler, Martschink, Peeler, Hinson, Holland, Long, Bryan, O'Dell, Horace C. Smith, Lee and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 14-7-845 AND 22-2-85 SO AS TO PROVIDE THAT JURY SERVICE FOR STUDENTS IS, UPON REQUEST, POSTPONED UNTIL A DATE THAT DOES NOT CONFLICT WITH THE SCHOOL TERM.

Referred to Committee on Judiciary.

S. 1239 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA ATHLETIC TRAINERS' ADVISORY COMMITTEE FOR SIX YEARS AND TO AMEND SECTION 44-75-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA ATHLETIC TRAINERS' ADVISORY COMMITTEE, SO AS TO INCREASE THE SIZE OF THE BOARD FROM EIGHT TO NINE MEMBERS AND TO INCREASE THE NUMBER OF CERTIFIED ATHLETIC TRAINERS ON THE BOARD FROM THREE TO FOUR MEMBERS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

S. 1248 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A BILL TO AMEND SECTION 10-5-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN, SO AS TO EXEMPT THE BOARD FROM REVIEW UNDER CHAPTER 20 OF TITLE 1, POPULARLY KNOWN AS THE SUNSET LAW.

Referred to Committee on Labor, Commerce and Industry.

S. 1249 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF BARRIER-FREE DESIGN FOR SIX YEARS.

Referred to Committee on Labor, Commerce and Industry.

S. 1250 -- Senators Drummond, Williams, Waddell, Lourie, J. Verne Smith and Lee: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF ARCHITECTURAL EXAMINERS FOR SIX YEARS.

Referred to Committee on Labor, Commerce and Industry.

S. 1275 -- Senator Land: A BILL TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 SO AS TO ESTABLISH THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT PROGRAM FOR THE STATEWIDE MANAGEMENT OF NUISANCE AQUATIC PLANTS IN PUBLIC WATERS OF SOUTH CAROLINA, TO ESTABLISH THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT TRUST FUND, TO AUTHORIZE THE SOUTH CAROLINA WATER RESOURCES COMMISSION TO ADMINISTER THE AQUATIC PLANT MANAGEMENT PROGRAM AND TRUST FUND, AND TO ESTABLISH THE CONTINUATION OF THE SOUTH CAROLINA AQUATIC PLANT MANAGEMENT COUNCIL AND ITS MEMBERSHIP.

Referred to Committee on Agriculture and Natural Resources.

S. 1331 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-73 SO AS TO PROVIDE THAT EVERY BILL OR RESOLUTION WHICH MANDATES A HEALTH INSURANCE COVERAGE MUST HAVE ATTACHED TO IT A CERTAIN FISCAL IMPACT STATEMENT BEFORE BEING REPORTED OUT OF THE STANDING COMMITTEE TO WHICH IT HAS BEEN ASSIGNED.

Referred to Committee on Labor, Commerce and Industry.

S. 1351 -- Senator Waddell: A BILL TO AMEND ACT 1278 OF 1970, AS AMENDED, RELATING TO THE ISSUANCE OF PLANT IMPROVEMENT BONDS BY CLEMSON UNIVERSITY, SO AS TO INCREASE FROM TWENTY TO THIRTY MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS.

Referred to Committee on Ways and Means.

S. 1352 -- Senator Waddell: A BILL TO AMEND ACT 456 OF 1961, AS AMENDED, RELATING TO THE ISSUANCE OF BONDS BY CLEMSON UNIVERSITY FOR STUDENT AND FACULTY HOUSING FACILITIES, SO AS TO INCREASE FROM THIRTY TO FORTY MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS.

Referred to Committee on Ways and Means.

S. 1360 -- Senator Williams: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 11 AND 20 AND NEW VOLUME 20A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 1990.

On motion of Rep. WILKINS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

H. 4800 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1990 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTION 12-27-390 OF THE 1976 CODE, RELATING TO THE DISTRIBUTION OF ONE-HALF OF ONE PERCENT OF THE GASOLINE TAX REVENUES TO THE CREDIT OF THE WATER RECREATIONAL RESOURCES FUND OF THE STATE TREASURY, SO AS TO PROVIDE THAT DISTRIBUTIONS TO COUNTIES FROM THE FUND MAY BE USED FOR CAPITAL IMPROVEMENTS FOR RECREATIONAL PURPOSES; TO AMEND SECTION 12-7-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; AND TO AMEND SECTION 12-9-390, RELATING TO THE REQUIREMENTS ON STATE INCOME TAX WITHHOLDING AGENTS, SO AS TO UPDATE THE REFERENCE DATE OF THE INTERNAL REVENUE CODE OF 1986 USED FOR PURPOSES OF STATE INCOME TAX WITHHOLDING; TO AMEND SECTION 12-21-2720, AS AMENDED, OF THE 1976 CODE, RELATING TO THE LICENSE FEES FOR COIN-OPERATED DEVICES OR MACHINES OF THE NONPAYMENT TYPE, IN-LINE PIN GAME, OR VIDEO GAME WITH FREE PLAY FEATURE FROM SIX HUNDRED TO ONE THOUSAND FIVE HUNDRED DOLLARS; TO AMEND CHAPTER 21, TITLE 12 OF THE 1976 CODE, RELATING TO STAMP AND BUSINESS LICENSE TAXES, BY ADDING ARTICLE 27 SO AS TO IMPOSE A SEVERANCE TAX ON PRECIOUS METALS; TO AMEND THE 1976 CODE BY ADDING SECTION 44-93-165 SO AS TO IMPOSE AN ENVIRONMENTAL IMPACT FEE ON THE COMMERCIAL TREATMENT OF INFECTIOUS WASTE, TO PROVIDE THE PROCEDURE FOR THE COLLECTION AND DISTRIBUTION OF THE FEE, AND TO AMEND SECTION 44-93-170, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE FOR THE DEPOSIT OF THE ENVIRONMENTAL IMPACT FEE AND TO PROVIDE THAT THE FUND AMOUNT AFTER WHICH TWO-THIRDS OF THE INFECTIOUS WASTE TREATMENT FEE MUST BE CREDITED TO THE HAZARDOUS WASTE CONTINGENCY FUND IS RAISED FROM ONE TO TEN MILLION DOLLARS; TO AMEND SECTION 12-21-620 OF THE 1976 CODE, RELATING TO THE TAX ON TOBACCO PRODUCTS, SO AS TO INCREASE FROM THREE AND ONE-HALF MILLS TO SIX MILLS THE TAX ON EACH CIGARETTE; TO AMEND SECTION 8-17-320 OF THE 1976 CODE, RELATING TO THE DEFINITIONS USED IN THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO CHANGE THE DEFINITION OF "TEMPORARY EMPLOYEE"; TO REPEAL SECTION 59-101-190 OF THE 1976 CODE, RELATING TO THE DEAN'S COMMITTEE ON MEDICAL DOCTOR EDUCATION; TO AMEND SECTION 59-31-530 OF THE 1976 CODE, RELATING TO THE DURATION OF THE ORIGINAL CONTRACTS WITH PUBLISHERS FOR SCHOOL TEXTBOOKS, SO AS TO REVISE AND EXTEND THE DURATION OF THESE CONTRACTS; TO AMEND SECTION 59-26-20, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION, SO AS TO ESTABLISH THE GOVERNOR'S TEACHING SCHOLARSHIP LOAN PROGRAM FOR THE HIGHER EDUCATION OF TALENTED AND QUALIFIED RESIDENTS OF THIS STATE WHO AGREE TO TEACH IN THE PUBLIC SCHOOLS OF THIS STATE, TO PROVIDE FOR THE CANCELLATION OF TWENTY PERCENT OF THE DEBT FOR EACH COMPLETED YEAR OF TEACHING, AND TO DEFINE TALENTED AND QUALIFIED RESIDENTS AS STUDENTS GRADUATING IN THE TOP TEN PERCENTILE OF THEIR HIGH SCHOOL CLASS, OR WHO RECEIVE A COMBINED SCHOLASTIC APTITUDE TEST SCORE OF AT LEAST ELEVEN HUNDRED, AND TO REQUIRE LOAN RECIPIENTS TO MAINTAIN AT LEAST A 2.75 GRADE POINT AVERAGE ON A 4.0 SCALE TO REMAIN ELIGIBLE FOR THE LOAN; TO AMEND SECTION 1-1-1020 OF THE 1976 CODE, RELATING TO THE AUTHORITY OF THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO PURCHASE EQUIPMENT FOR RENT, LEASE, OR RESALE TO STATE AGENCIES, SO AS TO INCREASE THE AMOUNT THE DIVISION MAY BORROW FOR THESE PURPOSES FROM THE STATE INSURANCE RESERVE FUND FROM TWENTY-FIVE TO THIRTY-FIVE MILLION DOLLARS, AND TO PROVIDE THAT THESE LOANS MAY NOT BE IN AN AMOUNT THAT JEOPARDIZES THE ACTUARIAL SOUNDNESS OF THE FUND; TO AMEND CHAPTER 11, TITLE 8 OF THE 1976 CODE, RELATING TO STATE OFFICERS AND EMPLOYEES, BY ADDING ARTICLE 11, SO AS TO ESTABLISH THE STATE EMPLOYEE PAY PLAN; TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-26 SO AS TO REQUIRE GRANT FUNDS RECEIVED BY A COUNTY OR MUNICIPALITY FROM THE LOCAL GOVERNMENT DIVISION OF THE STATE BUDGET AND CONTROL BOARD TO BE DEPOSITED IN A SEPARATE FUND, TO PROVIDE THAT DISBURSEMENTS MAY BE MADE ONLY ON THE WRITTEN AUTHORIZATION OF THE PERSON WHO SIGNED THE GRANT APPLICATION OR HIS SUCCESSOR AND ONLY FOR THE PURPOSES SPECIFIED IN THE GRANT APPLICATION, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO REQUIRE THE DIVISION TO FURNISH A COPY OF THIS SECTION TO GRANTEES; TO AMEND SECTION 42-7-67 OF THE 1976 CODE, RELATING TO DISABILITY AND MEDICAL BENEFITS FOR MEMBERS OF THE STATE AND NATIONAL GUARD, SO AS TO PROVIDE FOR THE COORDINATION OF STATE AND FEDERAL BENEFITS; TO AMEND SECTION 42-7-75, AS AMENDED, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION PREMIUMS BY STATE AGENCIES AND THE STATE TREASURER'S DUTIES PERTAINING TO THE WORKERS' COMPENSATION FUND, SO AS TO PROVIDE FOR THE METHOD OF DETERMINING PREMIUMS FOR THE STATE AND NATIONAL GUARD; TO AMEND SECTION 42-15-40, RELATING TO THE TIME FOR FILING A WORKERS' COMPENSATION CLAIM, SO AS TO PROVIDE FOR THE TIME LIMIT FOR A CLAIM BY A MEMBER OF THE NATIONAL GUARD; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO AN EMPLOYEE'S RECORD AND REPORT OF INJURIES, SO AS TO PROVIDE FOR THE RECORD AND REPORT OF A MEMBER OF THE NATIONAL GUARD; BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA.

STATEMENT BY REP. McLELLAN

Rep. McLELLAN made a statement relative to the General Appropriations Bill, H. 4800.

MOTION ADOPTED

Rep. McLELLAN moved that while debating the State Appropriations Bill, he be allowed to note a motion daily to reconsider each Section adopted, which was agreed to.

PART I
SECTION 1.1

Section 1.1 was adopted.

SECTION 1 A.1--DEBATE ADJOURNED

Rep. McABEE explained the section.

Rep. J. ROGERS moved to adjourn debate upon the section, which was adopted.

Amend the bill, as and if amended, in PART I, SECTION 3 (LEGISLATIVE DEPARTMENT), page 0033, left hand column, paragraph 3.38, line 14, by striking /no more than/ and on line 16, by inserting after /age./ /For both the prior and current fiscal year, any unexpended portion of a member's allotment, upon consent of that member, shall be transferred to the postage account of another member./

Amend totals and title to conform.

Rep. BAXLEY explained the amendment.

Rep. KIRSH spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 62 to 22.

Rep. BAXLEY moved to adjourn debate upon the section, which was rejected.

Section 3.38 was adopted.

SECTION 3.39--ADOPTED

Rep. HARWELL spoke upon the section.

Rep. HARWELL moved to adjourn debate upon the section.

Rep. McLELLAN moved to table the motion, which was agreed to by a division vote of 46 to 32.

Amend the bill, as and if amended, in PART I, SECTION 3 (LEGISLATIVE DEPARTMENT), page 0034, lines 42, through 45, left hand column, and lines 1 through 20, right hand column, by striking paragraph 3.50.

Amend totals and title to conform.

Rep. BAXLEY explained the amendment.

Rep. WASHINGTON spoke against the amendment.

Rep. WASHINGTON moved to table the amendment.

Rep. CORBETT demanded the yeas and nays, which were taken resulting as follows:

Rep. J. ROGERS raised the Point of Order that Section 3.51 of the Bill was out of order in compliance with Rule 5.1 in that it created a new study committee that would reorganize the Highway Department and should have been referred to the Education and Public Works Committee.

Rep. McLELLAN argued contra the Point.

Rep. McTEER, citing Rule 4.4, stated that the Bill had been set for Special Order and that no point could be raised regarding its reference to committee after a Bill had been set for Special Order.

The SPEAKER sustained the Point of Order.

Rep. J. ROGERS moved to table the section.

Rep. MAPPUS demanded the yeas and nays, which were taken resulting as follows:

Rep. McLELLAN moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow, which was agreed to.

Rep. MAPPUS proposed the following Amendment No. 9 (Doc. No. 0938o).

Amend the bill, as and if amended, in SECTION 3, by inserting a new proviso to be appropriately numbered on page 35 to read:

/3.___. A committee is created to study sources of alternate funding for highway work and projects to be done in individual counties. The committee is composed of nine members as follows: three senators appointed by the President of the Senate, three members of the House of Representatives appointed by the Speaker of the House of Representatives, and three nonlegislative members appointed by the Governor. The members of the committee shall serve until the date the committee makes its report to the General Assembly. Vacancies must be filled in the name of the original appointment for the unexpired portion of the term.

The committee shall meet as soon after its appointment as may be practicable and shall organize by electing one of its members as chairman and one as vice-chairman and other officers as it may consider desirable. The committee shall meet thereafter upon call of the chairman or a majority of its members. The committee may confer with any person or organization that may be helpful in its study. All state agencies shall cooperate with the committee in helping to carry out the purpose of this resolution.

The members of the committee shall receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions.

The expenses of the committee must be paid from the approved accounts of both Houses.

The Legislative Council shall provide legal services as the committee may require in the performance of its duties.

The committee shall report its findings to the General Assembly no later than February 1, 1991, and after filing its report, the committee is terminated./

Amend title to conform.

Rep. MAPPUS explained the amendment and moved to adjourn debate upon Section 3, which was adopted.

SECTION 4--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the section, which was adopted.

SECTION 5A

Section 5A was adopted.

SECTION 5B--DEBATE ADJOURNED

Rep. TUCKER moved to adjourn debate upon the section, which was adopted.

SECTION 5C

Section 5C was adopted.

SECTION 5D

Section 5D was adopted.

SECTION 5.1

Section 5.1 was adopted.

SECTION 5.2

Section 5.2 was adopted.

SECTION 5.3

Section 5.3 was adopted.

SECTION 5.4

Section 5.4 was adopted.

SECTION 5.5

Section 5.5 was adopted.

SECTION 5.6

Section 5.6 was adopted.

SECTION 5.7

Section 5.7 was adopted.

SECTION 5.8

Section 5.8 was adopted.

SECTION 5.9

Section 5.9 was adopted.

SECTION 5.10

Section 5.10 was adopted.

SECTION 5.11

Section 5.11 was adopted.

SECTION 5.12

Section 5.12 was adopted.

SECTION 5.13

Section 5.13 was adopted.

SECTION 5.14

Section 5.14 was adopted.

SECTION 5.15

Section 5.15 was adopted.

SECTION 5.16

Section 5.16 was adopted.

SECTION 5.17

Section 5.17 was adopted.

SECTION 5.18

Section 5.18 was adopted.

SECTION 6

Section 6 was adopted.

SECTION 7

Section 7 was adopted.

SECTION 8

Section 8 was adopted.

SECTION 8.1

Section 8.1 was adopted.

SECTION 8.2

Section 8.2 was adopted.

SECTION 8.3

Section 8.3 was adopted.

SECTION 8.4

Section 8.4 was adopted.

SECTION 8.5

Section 8.5 was adopted.

SECTION 8.6

Section 8.6 was adopted.

SECTION 8.7

Section 8.7 was adopted.

SECTION 8.8

Section 8.8 was adopted.

SECTION 9

Section 9 was adopted.

SECTION 9.1

Section 9.1 was adopted.

SECTION 9.2

Section 9.2 was adopted.

SECTION 9.3

Section 9.3 was adopted.

SECTION 9.4

Section 9.4 was adopted.

SECTION 10

Section 10 was adopted.

SECTION 10.1

Section 10.1 was adopted.

SECTION 10.2

Section 10.2 was adopted.

SECTION 10.3

Section 10.3 was adopted.

SECTION 10.4

Section 10.4 was adopted.

SECTION 10.5

Section 10.5 was adopted.

SECTION 10.6

Section 10.6 was adopted.

SECTION 10.7

Section 10.7 was adopted.

SECTION 10.8--DEBATE ADJOURNED

Rep. FELDER moved to adjourn debate upon the section, which was adopted.

SECTION 10.9

Section 10.9 was adopted.

SECTION 10.10

Section 10.10 was adopted.

SECTION 10.12

Section 10.12 was adopted.

SECTION 10.13

Section 10.13 was adopted.

SECTION 11

Section 11 was adopted.

SECTION 12

Section 12 was adopted.

SECTION 12.1

Section 12.1 was adopted.

SECTION 12.2

Section 12.2 was adopted.

SECTION 12.3

Section 12.3 was adopted.

SECTION 12.4

Section 12.4 was adopted.

SECTION 13

Section 13 was adopted.

SECTION 13.1

Section 13.1 was adopted.

SECTION 13.2

Section 13.2 was adopted.

SECTION 13.3

Section 13.3 was adopted.

SECTION 13.4

Section 13.4 was adopted.

SECTION 13.5

Section 13.5 was adopted.

SECTION 14A

Section 14A was adopted.

SECTION 14B

Section 14B was adopted.

SECTION 14C

Section 14C was adopted.

SECTION 14D

Section 14D was adopted.

SECTION 14E

Section 14E was adopted.

SECTION 14F

Section 14F was adopted.

SECTION 14G

Section 14G was adopted.

SECTION 14H--DEBATE ADJOURNED

Rep. McLEOD moved to adjourn debate upon the section, which was adopted.

Amend the bill, as and if amended, Part 1, Section 14L, B&C Board - Local Government Division, Page 118, beginning on Line 1, by striking the Section in its entirety.

Renumber sections to conform.

Amended totals and title to conform.

Rep. J. ROGERS explained the amendment.

POINT OF ORDER

Rep. McLELLAN raised the Point of Order that Amendment No. 21 was out of order as it required a certificate in compliance with Rule 5.3.

The SPEAKER stated that the Amendment, at this point, only struck a section in the Bill which would create a surplus and would then require a certificate upon passage on second reading in compliance with Rule 5.3 and he overruled the Point of Order.

Rep. McTEER moved to table the amendment.

Rep. J. ROGERS demanded the yeas and nays, which were taken resulting as follows:

Further proceedings were interrupted by adjournment, the pending question being consideration of amendments to Section 39.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4693 -- Reps. Keyserling, J. Harris, Nesbitt, Manly, Keesley, H. Brown, Whipper and Waites: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1990 SOUTH CAROLINA FOLK HERITAGE AWARD AND THE MEMBERS OF THE 1990 FOLK HERITAGE AWARD ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 11, 1990, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1990 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

H. 4740 -- Reps. J. Rogers, J. Harris, Baxley, Farr, Fant, Neilson, Boan, Mattos, Glover, G. Bailey, Kinon, R. Brown, Kirsh, Harwell, Vaughn, Littlejohn, Smith, Kay, Sturkie, Barfield, Taylor, Wells, Beasley, Waites, J. Bailey, Manly, Keesley, Tucker, D. Martin, McGinnis, McKay, Rudnick, Ferguson, Jaskwhich and Davenport: A CONCURRENT RESOLUTION TO EXPRESS THE OPPOSITION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO THE NORTH CAROLINA LOW-LEVEL RADIOACTIVE WASTE AUTHORITY'S SELECTION OF A SITE IN RICHMOND COUNTY, NORTH CAROLINA, AS ONE OF FOUR POSSIBLE SITES FOR THE LOCATION OF A LOW-LEVEL RADIOACTIVE WASTE FACILITY IN NORTH CAROLINA.

ADJOURNMENT

At 5:45 P.M. the House in accordance with the motion of Rep. WINSTEAD adjourned in memory of Mrs. Alberta Williams, who was a friend of members of the Legislature through her association with the Town House Hotel and Market Restaurant to meet at 10:00 A.M. tormorrow.